The Sentencing Act provides that Magistrates, in sentencing defendants, must have regard to the impact of their crime on the victim of the crime (s.5(2)(daa)). Victims are now allowed to make a victim impact statement, usually by means of a statutory declaration (and on occasions by sworn evidence in court) which will contain details of their injury, loss or damage.

The victim impact statement will usually be made by the victim or, on occasions, by another person, if the victim is under 18 or incapable of making the statement. The victim impact statement will be provided to the court and to the defendant some time before the court case. The defendant or their lawyer may call a victim for cross-examination as to the contents of the statement. Victim impact statements must, at the request of the victim, be read aloud in the course of the sentencing hearing (s.95F).

Note: The recently enacted Justice Legislation Amendment (Victims of Crime Assistance and Other Matters) Act 2010 (Vic) extends the ways victim impact statements can be presented and communicated to the court. 

The Sentencing Act provides for victim impact statements to have a medical report attached to them (which may include reports of psychiatrists, doctors, psychologists or dentists) (s.86(9)(d)).

Magistrates can, in addition to imposing penalties against a defendant, consider the victim impact statement and any attached reports and award compensation to the victim for pain and suffering, particularly in sex or assault cases (see: "Compensation orders", above and Chapter 18*4 Assistance for Victims of Crime).

For further information on victim impact statements arising from charges of sex offences, see: "Sentencing", in Chapter 4*3 Sexual Offences.